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2025 USPTO Fee Changes Disproportionately Impact Hemp Businesses

The new fee structure is presented as a neutral pricing adjustment to replace the current TEAS Plus and TEAS Standard application filing options with a single base application option that changes based on the "complexity and...more

What's in a Name Anyway? Trademark Basics for Community Associations

This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners....more

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

I’m an Intellectual Property Attorney 'In a Barbie World.'

As a child of the 90s, I cannot wait to experience the cultural phenomenon, the Barbie film. I frequently practice law at the intersection of art and commerce, and while I cannot possibly write an article that captures...more

Trademark Infringement is No Joke!: Jack Daniel’s Properties, Inc. v. VIP Products LLC

Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."  The Court remanded the case to the Ninth Circuit to reconsider the trademark infringement...more

Updates to North Carolina's Assumed Business Name Law—Are You Ready?

First, what is an Assumed Business Name? An assumed business name, often referred to as a "fictitious name," "DBA," or "doing business as" name, is a name that a business uses other than its legal name. DBAs differ by...more

The Trademark Modernization Act

Background on Trademark Rights - While it is not required to establish trademark rights in the U.S., there are many benefits to applying to register trademarks with the U.S. Patent and Trademark Office ("USPTO").  For...more

Website Compliance: Key Costly Legal Risks Every Business Should Consider

A recent statistic posted by Sweor states that 75% of consumers admit to making judgments on a company’s credibility based on the company’s website design. During COVID, many companies were forced to digitize their entire...more

Brexit, Schmexit: How Resilient is Your Trademark Portfolio and Enforcement Strategy?

On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU). From February 1, 2020, to December 31, 2020, the UK and EU are in a "Transition Period," where there will be no change to the process of...more

Dot-Com Hits the Supreme Court

Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of...more

2018 Farm Bill and Federal Trademark Protection for Hemp

The U.S. Patent and Trademark Office ("USPTO") generally refuses to register marks that violate federal law. Hemp and hemp-derived CBD were previously classified as Schedule I controlled substances under the Controlled...more

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more

Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below

Trademark clearance and registration—sounds like an additional legal expense, right? Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark clearance and registration process...more

Wake Up and Smell the . . . PLAY-DOH®?

It has been about a year since the toy company, Hasbro, Inc. (“Hasbro”), filed with the United States Patent and Trademark Office ("USPTO") to register the scent of PLAY-DOH® toy-modeling compound. Although Hasbro only...more

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